VAALSE PROVIKSIALE «***«: SAAKNOMMER: CC ^82/85 DELKAS DIE STAAT teen; PATRICK HABUYA BALEKA EN 21 ANDER

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1 «***«:,f-. VAALSE PROVIKSIALE SAAKNOMMER: CC ^82/85 DELKAS DIE STAAT teen; PATRICK HABUYA BALEKA EN 21 ANDER VOOR: 5Y EDELE REGTER VAN DIJKHORST AS5ESS0RE: MNR. W.F. KRtiGEL '"PROF.V.A. JOUBERT E.N MAMENS DIE STAAT ADV. ADV. ADV. P.B. JACOBS P. FICK W. HANEKOM NAMENS DIE VERDEDIGING ADV. ADV. ADV. ADV. ADV. A, CHASKALSON G. BIZOS K. TIP Z,M. YACOOB G,J. MARCUS TOLK MNR.. B.S.N. SKOSANA KLAGTE (SIEN AKTE VAN BESKULDIGING) PLEIT: AL DIE BESKULDIGDES: ONSKULDIG KONTRAKTEURS: LUBBE OPNAMES VOLUME 161 (Bladsye

2 482, COURT RESUMES OH 26 JAHUAKY MR BIZOS: My Lord we want to place on record our thanks to Our Learned Friends in relation to the question of reporting at the police station. Firstly let me start off by personal apology for misinterpreting Your Lordship's order until I actually saw it in writing when it was to be amended and then realised that there would be a problem in relation to reporting and that is why I raised it, but no harm was in fact done, the accused are here. It has been agreed, subject to Your Lordship's concurrence, that on days on which the Court sits (10) the accused who are on bail do not have to report to the Jeppe Police Station but the attorney for the accused in court on that day will, on the day before, I beg Your Lordship's pardon, the attorney in court the day before will telephone the person whose name will be furnished at the Jeppe Police Station to inform him that the following day is a court day. COURT: Now which attorney is going to do this work? MR BIZOS: The attorney who is in court on that day. That may change, this is why we are putting it the attorney who is in court on that day, on the previous day. It will be a matter(20) of universal observation as to which attorney was in court. We will see to it that it- happens every day. COURT: He will telephone who? MR BIZOS: The person, the responsible person whose name is going to be supplied, that too may change. COURT: Which person where? MR BIZOS: At the Jeppe Police Station. COURT: At Jeppe? MR BIZOS: At Jeppe. That the following day is a court day, will be a court day. (30) COURT:/

3 COUBTs I think the -responsibility anst be on all the attorneys and not on an attorney who is in court because we have attorneys coining in and out all the time and then the one will point a finger at the other one should something go wrong. MR BIZOS: As Your Lordship pleases. We will see to it that it is done. There is always, as Your Lordship might have noticed, one attorney here depending on whose client is giving evidence. So that it will work out. So that, the reason for it is this that an absence must not go unnoticed. That is really the reason. (10) COURT: Well let me see whether I have noted it correctly. On days the Court sits the accused who are on bail need not report to the police station. The attorney who is, well I must merely say the attorneys, whether they are in court on a particular day that is your concern, the attorneys collectively, will telephone the responsible officer at Jeppe to inform him that the following day is a court day. MR BIZOS: As Your Lordship pleases. COURT: Yes, the bail conditions are amended in the following respects: The rider is added as follows: On days the Court (20) sits the accused who are on bail need not report to the police station* The defence attorneys will a day in advance telephone the responsible officer at Jeppe Police Station to inform him that the following day is in fact a court day. BAVUKILE HERBERT VILAKAZI: d.s.s. DURTHER EXAMINATION BY MR BIZOS: Mr Vilakazi we were busy dealings with the happenings at the meeting of 26 August 1984 at the Roman Catholic Church, Small Farms. Do you recall that? That is so. And you told us about a number of speakers and a number (30) of/...

4 questions that had taken place. Do you recall whether anyone named Mrs Matshaneng, M-a-t-sh-a-n-e-n-g, do you recall whether she was there or not? Mrs Matshaneng was at this meeting. Do you recall whether she spoke or whether she asked a question or whether she made a remark? I remember she spoke. COURT: By speaking you mean she made a speech? That is so. MR BI2OS: Do you recall whether she was a scheduled speaker or whether she was a late coining volunteer? She was a late coming volunteer. I see. Did she say who she represented or on whose (10) behalf she spoke? In introducing herself Mrs Matshaneng told the audience that she was speaking as a member of VOW, that is Vaal Organisation of Women. COURT: She just said Vaal or VOW? Vaal Organisation V-O-W? V-O-W My Lord. VOW. MR BI2OS: The witness added what it stood for. COURT: Yes. MR BI2OS: And do you recall what she said? Yes I recall what Mrs Matshaneng said. She spoke about the benefits of (20} being a member of the Vaal Organisation of Women and she encouraged mothers, as she put it, to affiliate with Vaal Organisation of Women so that the organisation can gain ground and so that new ideas could be introduced within VOW. She also spoke about the self help schemes that VOW had embarked on, amongst others she mentioned things like dressmaking, the buying of fruit and vegetables that could be sold at a small profit to the benefit of all. Did she have anything to say about the proposed increase of rental? Yes she said already people have been burdened(30) by/

5 by the frent increase but in VOW people had been able to survive by benefitting from these self help schemes. Did she refer to the disturbances that had taken place in Soweto in 1976? No she did not. Did she propose the boycott of councillors' businesses? No this proposal did not come from Mrs Matshaneng. We will come to that. When she spoke had the question of the march been raised yet or not? Yes the question of the march had already been raised from the floor. We will come to the details of that when we deal with (10) it, but did she express any view whether she was for or against the idea of a march taking place? Her view was for the march. We know that Mrs Rina Mokoena spoke, you have told us now that Mrs Matshaneng spoke. Did any other woman speak at the meeting? The other person who spoke at the meeting was Mrs Olifant, and what Mrs Olifant spoke about was generally a duplicate of what Mrs Matshaneng had already spoken about with regard to the Vaal Organisation of Women. Did either... sorry? But more clearly she described the self help schemes within VOW and how they were divided (20) in various areas where their members were. Like for instance she would say that in one week members of VOW say if residential in Zone 7 would for a week be responsible for the acquiring of fruit and vegetables that were to be sold. So everything that is sold on that week they are accountable for to VOW. Then the following week another area takes over the same responsibility for a week. Did either Mrs Matshaneng or Mrs Olifant call for any violence against the person or property of any councillor? They did not. (30) My/...

6 y Lord I am trying as much as possible to follow the order set out in the indictment and this is why sometimes I come back and forth but in the main I am trying to put it. Now although Mr Lazarois More, the erstwhile accused no. 4, was, is no longer before His Lordship and though no evidence was given what do you say to the allegation in paragraph 76.7 of the indictment to the effect that he spoke at this meeting, well first of all did he speak at this meeting? Was he there at all? Well I would say I did not see Mr Lazarus More at any point during the course of that meeting. (10) is so. And it follows from that that he did not speak? That And that nor did he incite the audience to destroy and stone everything which belonged to the Black Local Authorities, nothing like that happened? Nothing like that happened. Yes. Do you know a Mr Khabi? Mr Khabi I know. Was he at the meeting and did he speak there? Mr Khabi was at the meeting. He was not a scheduled speaker. He asked the Chairman to give him an opportunity to speak. And do you recall in brief what he said? Yes. In (20) his speech Mr Khabi expressed his support for Vaal Civic Association as an organisation, and said that he hopes that the organisation will grow from strength to strength without experiencing the nasty experience that his organisation already had. Which organisation was he referring to? Mr Khabi I know as the chairman of the Evaton Ratepayers Association. COURT: That is ERPA? I beg your pardon? Is it short ERPA? E-R-P-A. ERPA, yes. (30) Did/...

7 Did he elaborate on what the nasty experience was? Tes. He spoke about the deliberations of Evaton Ratepayers Association to stop the expropriation of properties in Evaton and he said that whilst the whole organisation was doing everything it could, even engaging legal assistance, it was found out that some members within the organisation were working hand in hand with the authorities in expropriating people's properties- Mr Khabi said they were right to do so because they could not keep men who were dishonest in an organisation. He also referred to the Mayor of Evaton as also being in cahoots (10) with the Board in expropriating them. MR BI2OS: Who was the mayor of Evaton at that time? At the time the mayor of Evaton was Mr Sam Rabotapi. Rabo or mo? Rabotapi. Then Mr Khabi just rumbled off on his war experiences. Now just before we get to his war experiences was it stated that there had in fact been expropriations or was it merely stated that it was in the air, it was being contemplated? There was, at that stage there was much talk about the implementation of this replanning in Evaton but the expro- (20) priation had long started, I think in the regions of 1967, 68, whilst the Board was still the Sebokeng Administration Board. 67? That is so My Lord. Thank you. MR BIZOS: Well I do not know that His Lordship is interested in Mr Khabi, Mr Khabi is he an elderly gentleman? He is an elderly gentleman. About his war experiences but... COURT: We might raise a dispute and then he will have to come and show his medals. (30) MR BIZOS:/

8 ~*.\ * VXXAKAZX -* i ';^' : -~ '^ MR BISOS; So we can leave that out. Did he say anything about Mr DiphoJto? No the only person or persons he mentioned was Mr Sam Rabotapi and the people he had said were expelled from the Evaton Ratepayers Association whom unfortunately he did not name at the meeting. Well do you know whether Mr Diphoko was among those who was expelled or whether he was on the council? I only knew Mr Diphoko as having been in the council but I did not know his affiliation. Did Mr Khabi say that he would be happy if someone burnt(10) down Mr Diphoko 1 s shop? He definitely did not say that. Right now would, was Ernest Nkabinde at the meeting? Yes as a newspaper reporter Mr Nkabinde was at the meeting. Was he there as a resident or was he there in his capacity as a newspaperman? I am saying that he came as a newspaperman because Mr Nkabinde is a resident of Sharpeville. What was he doing at the meeting? He was taking notes. Did you see any other newspapermen around at this meeting? There was a gentleman in the company of Mr Nkabinde whose surname I did not know but I only know his first name, being(20) Thabo, and Thabo I know him to be a freelance photographer. You have given His Lordship the names of the speakers and a brief account of what they said. Do you remember the order in which they spoke Mr Vilakazi? Right up to accused, from Mr Matlole, accused no. 17, to myself, Mrs Rina Mokoena and Mr Malindi, accused no. 5, I can clearly remember. Beyond I cannot remember exactly who came before who. Yes. ASSESSOR (MR KRiiGEL) : The order then, is it accused no. 17 and then yourself and then Mrs Mokoena? That is so. (30) And/...

9 And then accused no. 5? That is so. MR BIZOS: Can you recall at what stage the idea of a inarch was Mentioned at the meeting for the first time? Yes this idea came after Mr Malindi had spoken about the stay away on the 3rd and the holding of mass rallies. Remember a gentleman who I know to be Mr Maropeng (?) was part of the audience raised the question of the march. What did he say? Mr Maropeng contended that if there was to be a stay away call and mass rallies are held that would add to nothing, there would be no gain out of that because (10) the people who have got to realise our plight will not be attending these rallies. Which people was he referring to? He was referring to people in authority. Yes, please go on. Then Mr Maropeng suggested that instead of rallies there should be a march to the Houtkop Administration compolex where the grievances and the demands of the people would be handed over to the members of the Development Board as a basis for opening up negotiations between the Board and the community. t (20) When this was said what was the reaction of the people, some of the people at the meeting Mr Vilakazi? Some of the people cheered Mr Maropeng on this but again came the question from Mr Masinya, I believe we have handled that question earlier. Is that the stage which Mr Masinya came into the picture?,y- That is so. COURT: What was the question? The question of what would happen if people are arrested, who would take care of their children. (30) 1/

10 I would like to ask you something here. I understood your evidence previously to be that you did not in Sone 3 fy : organise a mass rally because you could not get a venue, you could not get a hall? That is so. Could you not have held that mass rally on the soccer field across you, across the road from your house, or anywhere else in the open? In, there were a number of problems there. Firstly that would be an open air gathering which was not permissible then. Now on that point I thought that that would have been (10) the position, that is why you bothered to get halls, would a " l * march not have been an open air gathering which was in contravention of the law? My understanding of an open air gathering I understood it to be people coming together at one point in '. open air. Not.moving from point to point? Not moving from point^j.to point. That was my understanding.. Yes. So is it correct that at the time of the march there was a prohibition against open air gatherings in force in the whole of Sebokeng, Sharpeville, etcetera, in the whole of (20) the Vaal area? I do not know if it- was limited to the Vaal area at that stage. Well it may have been wider but the area where the marches : took place? That is so, yes. MR BIZOS: And you say that some of the people cheered, you say that some of the people cheered? That is so. And Mr Masenya asked this question, and you have already told us that accused no. 17 and another person responded to that. That is so. Did other people speak for or against the idea of (30) having/...

11 having a narch? There vere people who spoke thereafter* Cue person spoke for the march, said that supportive to the idea of the march because through a march the people will have the only means of attracting attention and the Development Board will have to sit up and take notice. If the march was successful in having big numbers of people involved it also meant that from the number of people the members of the Board will also realise the representativeness of those people who will be talking to them, and they will also realise that people are not happy with the increase in rentals. (10) This march in order to show the strength of the feelings, you tell us was described as bringing to the attention of the Board. What about the Council, the Town Council, were they thought as people who had to be persuaded or shown what the feelings of the people were? Many people were against the idea of negotiating with the council then because of some of the experiences they have had with councillors and particularly at councillor's meetings and they felt that the best would be to go directly to the Board since the Board was the government structure most accessible to them. (20) Did you yourself speak either for or against this proposal of the march Mr Vilakazi? As I was being one of the speakers there and 1 had introduced myself as an area representative for Zone 3 and at that stage I will still at the platform it was my feeling that I did not take part in these discussions so that the members of the audience, the community that was gathered there, could have free discussions, free speech in expressing their feelings. I did not want a situation where what I would have said would have had influence on the people's thinking- So that they could have taken (30) decisions/...

12 -7907 V decisions which they initially did not want to take. ' : Did you on the 26th know whether you would be in the Vaal complex during the weekend of the 1st, the 2nd and the morning of the 3rd or not? Yes I was aware that I would not be at home or in the Vaal complex during the weekend of the 2nd. COURT: So were you away for your work, the purpose of your work? That is so. So you were not going to join the stay away? I was not going to join the stay away because I would not be in the Transvaal. MR BIZOS: And what would you have been doing on Monday? (10) On Monday I would be only arriving, I mean I would be only coming back from Natal. Yes, when would your work have been done? When would you have actually been working? My work was for the weekend of the 1st and 'the 2nd, in Botha's Hill, Natal. And when were you planning to be travelling? As I had lots of plans to do both here in Johannesburg before leaving and with the group I was working with in Natal prior to the seminar I had to leave on the evening of the 29th. by train. Yes. And you returned when? (20) COURT: That is now 29 August? That is so. evening. Did you in fact leave on that evening? I left on that MR BIZOS: And when were you due to come back and how? I was due to be back on, back in Johannesburg on the morning of the 1st but the booking with Leslent(?) International came with, I had to book in in Natal on the evening of the 1st, of the 3rd I am sorry, the evening of the 3rd. COURT: Were you due back on the morning of the 3rd? Yes. That is now 3 September? Yes. (30) Yes?/

13 T«s? How the booking came that I would be starting otf from Hatal on the 3rd to arrive in Johannesburg on the 4th in the orning, early in the morning. ASSESSOR (MR KRuGEL): So did you in fact arrive in Johannesburg on the 4th? That is so. MR BIZOS: Now were you, whilst these discussions were going on and different proposals were being made and they were being discussed were you doing anything at this meeting? Yes. What was you doing? I was noting points from speakers which would later be presented to the audience for adoption (10) as resolutions. Yes. Were your notes used as the basis of the resolutions that were passed at that meeting? That is so. Whilst the resolutions were being put to the meeting was Esau Raditsela there? I saw Esau come into the hall immediately as I was through with the resolutions. COURT: When the resolutions had been put? That is so. And had been voted on or not? voting on. There was still some MR BIZOS: Was it at the beginning when the resolutions were(20) about to put or had a substantial number of the resolutions already been put when Raditsela arrived there? It was still few debates, very small debates that were still going on at that stage. COURT: But does one still debate it when the resolution is put to the meeting? When, I mean put to the meeting I mean put for the vote or do you mean put for the purpose of debate? When you put them you find that there is a situation where the Chairman would ask is this resolution acceptable, then we vote on it but if there is a person who has got some little bit (30) of/

14 482*30 "-- ~7909 ^ * of Misunderstanding or still feels strongly against a tion then that person would be given a chance to express himself. So you will find that now the voting becomes delayed. MR BIZOS; Dealing with Mr Raditsela did he come there alone? Mr Raditsela entered the hall in the company of Miss Edith Lethlake and a number of persons I did not know. Did this group of people have anything with them? the people who accompanied Edith and Mr Raditsela had a banner with them. said? Do you recall what sort of banner it was and what it (10) It was an old banner of DDF which was printed on it Vaal Civic Association. Yes Why do you call it an old vintage, what indicated that it was old? Because it has been used in the Vaal for a long time. It has been used for a long time. The Vaal Civic Association, did it have anyone's logo on it? VCA at that stage we did not have a logo. The logo that was on the banner was still the ODF logo. Did Mr Raditsela take over the meeting and did he address the meeting? No Mr Raditsela did not address the meeting. (20) But was approached by the Chairperson Mr Nkopane, accused no. 8, tiiat Mr Raditsela to please act as an electoral officer. Electoral officer of what? 3 area committee. For the elections of the 2one Was the election for the Zone 3 area committee before or after the resolutions were adopted? were adopted. After the resolutions COURT: Did Esau Raditsela and company come in singing or did they come in quietly? Outside the meeting they were singing but when they made an appearance at the door they were not (30) singing./...

15 y -fr"fw> *- s singing. MR BIZOS: When you were writing the, or formulating your notes into forms of resolutions did you ask for anyone's assistance? Yes as I had expected.miss Edith Lethlake to be present who was a person to assist me and now that she was not there I then approached Mr Malindi, accused no. 5, to assist me with that task. You, do you recall what the resolutions were that were passed at the meeting? Yes I remember. Would you please tell His Lordship what the resolutions (10) were? The resolutions were that the R5,90 rent increase were not to be paid pending negotiations with the Development Board. Councillors to resign and their businesses to be boycotted until they resign. A stay away on 3 September and a protest march from Small Farms to Houtkop on the same day of September. The shops and other businesses to be closed on that day so that it should be possible for both the owners and the employees to participate. The buses and taxis not to run on that day only so that the employees should be able to participate as residents. (20) Were there any queries by any member of the audience in relation to any of these resolutions before a vote was taken? I cannot be clear, I cannot remember clearly whether there was any direct query at that point but as speakers were proposing these earlier on there were discussions and debates around them. Yes. There were discussions and questions about them? Yes. Well you told us... COURT: Well that is when they were proposed, initially when(30) they/

16 they were proposed? MR BIKOS; Do you recall whether there were any queries when they were put to the vote? When they were put to the vote there was only one query. Yes, do you recall what that query was? The query was on th stay away as a whole, that this would affect services like hospitals and other essential services and the majority of the people in the hall felt that the stay away should not include people in hospitals and other essential services. COURT: Police? Police are essential services I believe. (10) Participation on the stay away by police would have been voluntary. MR BIZOS: And were these resolutions voted on or were they passed in some other way? The Chairman proposed that they be voted on. One by one or en masse? One by one. And this was done. Was there agreement or disagreement in relation to these resolutions? In the, at the meeting at the whole were they agreed upon, the resolutions. COURT: Well were they adopted?. (20) MR BIZOS: Were they adopted. COURT: It is different from agreed upon. MR BIZQS: Were they adopted as resolutions? They were adopted as resolutions at the meeting. They were adopted as resolutions. You told us then that there was an election of office bearers of Zone 3 representatives? That is so. May I ask Your Lordship for a very short adjournment. COURT: Yes certainly. COURT ADJOURNS. COURT RESUMES. (30) COURT:/

17 COPRTs Yea in racing terns this interruption might be described as an unscheduled pit stop. We can now continued. BAVOICLE HERBERT VIIAKAZI: d.s.s. FURTHER EXAMINATION BY MR BIZOS: You told us that an election of Zone 3 area committee was conducted? That is so. To avoid His Lordship, I do not know if Your Lordship wants it by reference or what to write the names down. Perhaps it will be quicker to just, who was elected Chairman? There were three nominations for the chairman, despite the fact that I had mentioned to the meeting that I would like to be (10) relieved due to my other work commitments I was still nominated for the chairmanship and the other nomination was that of Reverend Mahlatsi and the third nomination was that of Mr Nkopane, accused no. 8. Then after elections the results came out that Mr Nkopane was the Chairman, then Reverend Mahlatsi was his assistant. His Vice-Chairman? That is so. COURT: Did you vote only once? You voted only once? That is so. MR BIZOS: Was that the, was that an arrangement or how (20) did the voting go? Where did you come in the voting? The arrangement was that we would vote once and the person with the highest votes gets the position and the second highest would be the Vice. And you were not elected as Chairman? That is so. But you say that you had made it clear to the meeting that you were anxious not to stand? That is so. Why did you not say well I am not prepared to stand, and refuse nomination altogether? Though I believe much in standing at any opportunity and putting my position clear (30) but/...

18 bat where you are mandated by a community to do a job it is a thing that becomes difficult for me to ignore, it is like leaving your community in the lurch. Let us see if I really understand this correctly. In your community how is it considered to say when you are nominated "No I am not prepared to stand for election and withdraw altogether", how is that regarded in your communal affairs? Well it is regarded as rejection. And were you nominated for any other position? That was so. (10) For what position were you nominated? The position of the secretariat. Were there any other nominations? There was one more nomination. Who was that? That was Mr Ephraim Dibate. COURT: Dibate? Dibate. MR BIZOS: And how did the voting go on this election? We followed the same voting and Mr Dibate got the most votes. And is that how you came to be Assistant Secretary? That is so. (20) Were there any songs sang at this meeting? COURT: Is it "songs sang" or "songs sung"? I was wondering the other day when you put it that way? MR BIZOS: Well I would not put myself as an authority on the proper pronunciation of Anglo-Saxon words. I take Your Lordship's pronunciation. Was there any singing there? There was singing there. Which songs? The first song that I sang there, Hlanganani Basibenzi. COURT: That is the song you started? That is so. (30) MR BIZOS:/

19 482*45 MR BI«OSs And you have described that song as a worker's soog? That is so. For how long has this song been around? In its... To your knowledge?... of Hlanganani Basibenzi it was sung that way from the late 70's, round 79, 78/79, but it is an old song, a church chorus which has been sung for a very long time as Hlanganani Bachristo. In which church is that chorus sung? it in a number of churches including mine. Well I have heard Is it a popular thing? Yes it is a popular chorus. (10) During certain functions of the church then we have quite a number of choruses coming up there. Yes, is the tune well known then? Very much well known. And was this song sung from the late 70's secretly, surreptitiously or openly at various meetings, the Hlanganani Basibenzi? It was being sung openly. COURT: Do the words of Hlanganani Basibenzi differ materially from the words of Hlanganani Bachristo? I would not say differ materially. Is Hlanganani Basibenzi still a religious song? Well (20) it, basically the message of the song it is on unity, that is now a particular group may in promoting unity amongst themselves refer to themselves then and say Hlanganani this way. So in the original version it is unity in Christ? Yes. And now you have made it unity of the workers? workers, yes. Of the I see. The same as you have the song on the Forward Christian Soldiers. Yes. It does not mean that every Christian to protect Christ has got to carry a gun, a machete and march in (30) protecting/...

20 protecting Christ but it neans basically those who support Christ r who preach for Christ, who carry the Bible for Christ then refer themselves as soldiers for Christ. MR BIZOS: Do you recall any other song? The other song was Sinzenina. Do you know, can you tell His Lordship about the origins of that son and what does it mean and what its significance is? This song is siing at church, particularly where people are disturbed as they draw nearer to God. They will always chant this "Sinzenina, sinzenina. (10) COURT: Now is this in the hymn book? It is not in a hymn book that I know. Do they sing it when they are disturbed politically or do they also sing it for example in bereavement when they have lost a son or a daughter? That is so. MR BIZOS: We have heard it on the tape I think Mr Vilakazi. Would it be correct to describe it as a lament? That is so. For how long had that been sung around various meetings and churches before 26 August 1984 to your knowledge? Thereon I started hearing it sung in church by youth groups when I (20) was still the President of the youth in my church, in the years 1974 to And did it continue after that? It is still continuing. COURT: Is it always accompanied by a recital? I have heard here that it was used as background music for a recital? Not necessarily a recital but say somebody has got to pray. Yes, maybe a prayer then? Yes. Is it always used as background for a prayer or is it sung on its own without a prayer? It can be sung on its own, it can be sung with a prayer and where some drama is (30) played/...

21 played it can be song with a recital* MR BIZOS: Do you recall any other song that was sung at this meeting? Yes the other song that was sung there was Mandela Awetu Siyumlandela(?). You told His Lordship you will recall Mr Vilakazi that Mr Mandela was considered the leader of the Black people and you told His Lordship that that was generally known and it was written about, you recall that? That is so. And you have been shown a number of newspaper cuttings, ten in number, and I want to put copies of that before you (10) if I may. Let me make it quite clear at the outset that on my instructions the witness will not be able to identify each one of these but will say he remembers some, some are the sort of thing that he has been reading over the years and it is put in on the basis of a general acceptance of Mr Mandela as a leader of the Black people. I hand in three copies to Your Lordship. Have you got a copy Mr... COURT: This will be DA2 and the pages are numbered 1 to 10. I am sorry it does not seem to be that. MR BIZOS: No it is documents 1 to 10. (20) COURT: Documents 1 to 10 in DA2. MR BIZOS: We have tried to keep them in chronological order up to the period of the, shortly before the accused's, the witness 1 detention in December DA2(1) has a heading "PHATODO TO ASK PRIME MINISTER TO FREE NELSON MANDELA" and it reads: "Dr Cedric Phatudi, Chief Minister of Lebowa, is to ask the Prime Minister Mr Botha to release Nelson Mandela who is serving a life sentence on Robben Island. Mr Phatudi is not connected with petitions being drawn up in (30) South/...

22 S. : ' % South Africa and overseas for Mandela's release but is acting on his own initiative as a Black leader. Earlier this week he made an official visit to Robben Island where he was able to talk to some of the inmates- He said yesterday that he was arranging a joint meeting with the Minister of Co-Operation and Development Mr Piet Koornhof and the Prime Minister to plead for Mandela's release. It appears that Dr Phatudi feels it would be a good idea if all Black political prisoners are released. "I feel a joint meeting with the two Ministers will save time (10) and will enable us to have a broader exchange of views." Although Dr Phatudi is a homeland leader subscribing to a political philosophy political prisoners are opposed to he was well received by the prisoners on the Island. "They felt honoured that I had gone out of my way to visit them." He did not meet Mandela during the visit. He said he was told by the prison authorities that he need special permission to see him. Dr Phatudi said he was impressed by the intelligence shown by some of the prisoners who spoke to him. "Good brains are being (20) wasted by keeping some of these men on Robben Island for long periods" he said. "If released they could use their brains to contribute towards the development of the country". Dr Phatudi scored a political success by successfully persuading the South African government to allow Professor Ezekial Mahlele(?) then a prohibited person, back into the country." Then it deals with Professor Mahlele's appointment at Wits University and then: "The Prime Minister's office has announced in Pretoria (30) that/...

23 that Mr Botha will be meeting a delegation of the South African Council of Churches on August the 7th to discuss the situation in the country...* And it goes on to identify what is going to happen there and the final paragraph - for the sake of completeness - is: "The South African government's stand on the issue has been that Mandela cannot be released from prison because he has not changed his political views." Can you recall whether you saw this particular publication or something like this report in another newspaper? I had (10) seen something like this in other newspapers. Then if you have a look at document no. 2 with a heading " FOR MANDELA": "More than people signed petitions for the release of imprisoned African National Congress leader Nelson mandela during the six month campaign organised by the Sunday Post Newspaper. However the former Minister of Justice Mr Alwyn Schlebusch has said Mandela would not be released because he was legally convicted in court." Did you see that report? This I have seen. (20) You remember seeing. Then The Star report, document no. 3: "Striking tributes to Black consciousness leaders such as Nelson Mandela and Steve Biko have quietly arisen on an open piece of land on the outskirts of Port Elizabeth where a prestige township is to arise. They are names on the street signs recently erected in Bethelsdorp Extension 10 which is to be developed into a prestige Coloured housing area. Mandela, the banned leader of the African National Congress and Biko a leader who died (30) in/...

24 VTT-fliKMI * " ' - in detention are being honoured by the Coloured Managment Committee. Their names were suggested by the committee three years ago and at the time agreed to by the townplanning department and approved by the City council's works and traffice committee. At the time there was one voice of opposition from a city councillor who is no longer serving and who could not get a seconder. The new street names also include the slogan AMANDLA (power)..." I am sorry My Lord I cannot read that, I do not know whether(lo) it is... "Norman Middleton, the Deputy Leader of the Labour party. The CMC chairman Mr Laurence Erasmus said that the committee was honouring people whom he believed represented its principles. The committee had no opposition from any side he said. The Mayor, Mr Graham Young, said today he did not expect any problem and in any event the Council was unlikely to reverse its decision. It believed the naming of streets was the prerogative of the CMC." Do you recall whether you saw this article in The Star? (20) This is the article I did see in The Star. You did see. Then I would like you to please have a look at document no. 4. The Star of 23 September 1981, the question is posed "Who are the real leaders of Black South Africans, who are they political groups that they support" and it says that a survey was done. The headline "WHO ARE THE BLACK LEADERS" and a little headnote: "The banned African National Congress (ANC) emerged from the poll as the most popular political movement amongst Africans in the three largest cities." (30) And/...

25 ,> ~~ ** ; ->, >; ' vi:.-^r; i r:7» And It says: "The Star's poll revealed the broad popularity of the imprisoned ANC leader Mr Nelson Mandela. Some 40 percent of Africans polled in Johannesburg, Durban and Cape Town said that they would vote for the ANC in a Parliamentary election. This was almost as many as those who supported the rival Inkatha movement, AZAPO and the Pan Africanist Congress together, popular. Nevertheless in the three cities polled the ANC's Mr Mandela was clearly the most popular leader among Africans. Of (10) the whole sample..." COURT: How do you get that Mr Bizos, 766 percent? MR BIZOS: Well it may be a misprint for 76,6. COURT: Or it may be anything. MR BIZOS: We will deal with it My Lord, it may be that it was referred to elsewhere and we will get it. "Of the whole sample 766 percent said they like him, 59 percent strongly." So it was more than 59 percent. "Only 5 percent disliked him.". (20) Then it gives some history of the ANC and the final paragraph: "The ANC and Mr Mandela led the popularity stakes among members of every Black ethnic group, even among the Zulus, Inkatha's tribal stronghold, they were more popular than both the Inkatha movement and Chief Buthelezi." Do you recall whether you read that article? Yes I remember reading it. I show you document no. 5. This "STUDENTS BACK MANDELA" of 3 June 1982 in the Africa Edition of The Start. Do (30) you/...

26 482.M;-;;, \ :, VILAKAXI you know what the Africa Edition of The Star is? That is so. What is it? The Africa Edition of The Star, as opposed to other editions of The Star, is produced with much focus on the news around the townships and Africa in general. Whilst the other editions would be just general news. Yes, and which edition is favoured by the Black people living in the townships? I personally not always easy to finding myself having missed the Africa edition and having to now read the Stop Press or Late Final because I know that (10) with Africa Edition I would be informed mostly about issues around me, around the townships, around Africa in general. Looking at document no. 5 "WITS STUDENTS BACK MANDELA": "The campaign to have imprisoned leader of the banned African National Congress Nelson Mandela elected Chancellor of the University of the Witwatersrand received a resounding boost when hundreds of students of all reaces endorsed it in the University Great Hall yesterday. The National Union of South African Students said in a statement read to the gathering that it (20) supported a call for Mandela's election to the University's Chancellorship because he is a democratic leader of the people and should be chancellor of a democratic university. The university's SRC, in a statement of support for Mandela's election, also pointed out that students should have a say in the election because they formed the majority of the University's population. The Chairman of the Committee of Ten, Dr Mthato Motlana paid tribute to Mandela as a man of total commitment. He told the cheering audience that the election of this distinguished(30 man/...

27 *. "> " :>'-:.^;>,V-7922;. ; nan would do incalculable credit to this university. Be said Mandela's election would do a lot to enhance the world's thinking that academic discrimination in South Africa was being done away with, segregationist tendencies at the country's universities had not changed. Mandela's election would also help attract most overseas academics to Wits because "bush universities" did not attract any such people." Do you recall whether you read this article? I did. You did. You also mentioned earlier on that even (10) Inkatha was, had certain views on Mr Mandela. Would you please have a look at document no. 6 in this series DA2. From The Citizen: "SET MANDELA FREE URGES INKATHA BODY. The Inkatha movement for peaceful change has called for the release of Nelson Mandela, jailed leader of the African National Congress for the sake of his family. A spokesman for the movement Mr Derek Mdluli said yesterday Mandela, who was jailed for 18 years for sabotage after the five year Rivonia treason trial, had been (20) punished enough." I may say from personal experience that the period of the trial is not correctly stated. COURT: Maybe it felt like that to the reporter. MR BIZOS: "He said that although Mandela was sentenced to life imprisonment he still symbolised the struggle for freedom in South Africa. He has suffered enough, he is an old man now and his family needs him. Mr Mdluli pointed out that Mandela had more impact and influence on his people in jail than he would have out of jail. (30) 'We/...

28 Jit ; * > "" "' We realise that if somebody did something wrong in the eyes of the law he must be punished but there has to be an end to punishment.' The InJcatha movement for peaceful change also called for the ban and house arrest of Mandela f s wife Winnie to be lifted." Do you recall whether you saw that? I cannot recall seeing this exactly, exactly this print from the Citizen. It was most of the time I would not find The Citizen available in Vereeniging but I had seen other newspaper reports to this effect. Have a look at document no. 7. "MANDELA'S FAME (10) GROWS AS THE LONG YEARS ROLL ON": "Nelson Roilala Mandela (64) South Africa's most celebrated Black prisoner and leader of the African national Congress (ANC), has had an impressive list of honours conferred on him since Mandela, a B.A. graduate of the University of South AFrica, presently in Pollsmoor Prison in Cape Town, has not personally received the more than dozen honours because he has been in prison for nineteen years. He was sentenced to life imprisonment in 1964 for plotting the overthrow of the govern- (20) ment by revolutionary means. Topping the list is the Honorary Doctorate of Laws degree awarded to the ANC leader last week by the City College of New York for his unselfish commitment to the principle of freedom and justice. Other honours for Mandela include: In February the city of Rome conferred Honorary citizenship for generous and fearless work in favour of equality among men and progress for African people. In March he was declared Honorary citizen of the Greek village of ancient Olympia, original site of (30) the/...

29 ;. * " "> " V^'-;- ; "*- 5 the Olympic Games. In 1982 the Leeds City Council named the gardens in front of the City Hall after the ANC leader in tribute to a man who is paying the price for struggling for freedom. In 1981 the Austrians conferred the Bruno Craeski(?) Foundation award for meritorious work in the field of human rights. In the same year he was granted the freedom of the city of Glasgow, Glasgow's highest honour. He became (10) winner of the 1979 Jabularal(?) Nehru award for his support of African liberation struggles, an award to honour people who have made outstanding contributions to the promotion of international understanding. Also in 1979 he was awarded an Honorary Doctorate of Laws by the National University of Lesotho. An honorary life membership was conferred on him by the University of London Union in 1979 in recognition of the historic role he has played in the worldwide fight against racism. A nuclear particle discovered by Leed University (20) was named after him in In 1965 he was made Honorary President of the Leeds University Union and in 1964 he was made Honorary President of the University College of London. Other honours include a street in Camden, North London, where the Anti-Apartheid movement has its headquarters to be renamed Mandela Street. The South African government has refused permission for some of the awards to be conferred on the ANC leader at Robben Island or Pollsmoor. The government has also refused to ease (30) restrictions/...

30 Aft??C % *vv'- ''5'- 1 -'-. 7«e -._'- wrmn^ ^,^'' restrictions on banned and banished Mrs Winnie Mandela, his wife, to travel outside the country to receive the awards on his behalf." Do you recall whether you read this report? Yes I recall seeing this report. I show you document no. 8. Also a report from The Rand Daily Mail "FREE MANDELA CAMPAIGN IS TO RELAUNCHED" by Mr Mauritz Moolman: "The campaign to have Nelson Mandela released and all political prisoners with him is to be relaunched at (10) a meeting at Regina Mundi Church in Rockewell, Soweto on Sunday and the new Release Mandela Campaign is to be internationalised and reorganised on a national basis by the setting up of regional committees. This was announced by Mr Curtis Mkondo, Chairman of the Campaign's Transvaal committee at a press conference in Johannesburg yesterday. The campaign had also been taken on a broader context to be centred around Mandela's identifying figure and all he stands for, said the secretary of the committee Mr Aubrey Mokoena. The campaign would continue until (20) internal conflict has ceased in South Africa and as long as Mandela and his fellow prisoners were in jail. Mr Mkondo said new petitions would be drawn up demanding the release of Mandela and all political prisoners. This would be sent to the United Nations and overseas Anti- Apartheid movements would be drawn into the campaign. The petitions would be sent to the UN not because the committee expected the ON to take action on their behalf but to tell the World of their determination to have everything on record." (30) And/...

31 ^-y^^^^s^l^^^^ [ ^ ^ And then it goes on to name the speakers, including Or Motlana, Archie Gumedi, one of the three presidents of the United Democratic Front. Do you recall whether you saw that report? Yes I saw this report and many others around the campaign. I show you document no CODRT; Before you start on document no. 9. Document 9 is a composite document. It is not date, the others appear to be photocopies of articles in newspapers. This is a composite one, there is no proper date on it and in this case I demand(10) that the original be produced. MR BI2OS: As Your Lordship pleases. r COURT: We cannot on this way Mr Bizos. MR BIZOS; As Your Lordship pleases. I do see Your Lordship's problem in that regard. I see that although the month is there the date is not put on. We want to apologise for that. I may say that these were going to be put in by other witnesses and there are a great number of them, this is why, in due course, but in view of Your Lordship's query. COURT: It would be easier to put it in now of course because (20) it is now numbered as part of the exhibit but normally in my court I demand the original because of mistakes which have occurred in the past. I still require that there be agreement on the correctness of the copies between State and defence, but in this case I need the date. MR BIZOS: As Your Lordship pleases, could we leave that out for the time being and leave the number there rather than, deal with the next one as no. 10 on an undertaking that this, if I understand it correctly the chart was on the same page but obviously it was cut and made into a composite document. (30) We/

32 482.M : ;^u^ *:'-' *-- ' We will see to it that it is done properly* And could... ASSESSOR (MR KRuGEL): It is probably November 1. It is probably November 1/19... MR BI2OS: Well it is not clear enough, we will, thank you My C.483 Lord- Then the final document that we want to show you is The Star of 21 November 1984, "A call to lift the ban on the African National Congress and other Black political organisations has been made by the South African Institute of Race Relations. The call is contained in a council resolution of the South African (10) Institute of Race Relations taken in the September Annual General Meeting. A copy of the resolution was sent to the State President Mr P.W. Botha and the Minister of Law and Order Mr Louis Le Grange this week together with a background paper explaining the initiative. The South African Institute of Race Relations also calls for amnesty for leaders serving prison sentences for essentially political offences and freedom for political exiles to return home subject to their renunciation of violence. fe The resolution refers to the ANC and the Pan Aricanist (20) Congress which were banned in 1960 after the Sharpeville shootings. Seventeen black consciousness organisations were dealt a similar blow in 1977 following countrywide disturbances triggered in June The South African Institute of Race Relations said the lifting or organisational bans and the freeing of leaders would be a dramatic demonstration of good faith on the part of White people needed to arrest the deterioration in race relations. It says that revoking the bans will not in itself solve problems in education, local government (30) and/...

33 and other grievances. It is, however, an unavoidable pre-requisite for creating a climate in which it might be possible to talk about solutions. The Institute insists that the ultimate cause of the current unrest Is the apartheid policy and that it is up to the government to make the first move to defuse the tensions." Do you recall whether you saw that? I did see that document. Right now..- COURT: Just before you continue let me just place on record what these documents are. They all are portions of EXHIBIT (10) DA2- The first document is from The Citizen of 28 June 1980, the second is from The Star of 7 October 1980; the third from The Star of 22 June 1981; the fourth The Star of 23 September 1981; the fifth The Star of 3 June 1982; the sixth is from The Citizen of 29 July 19 82; the seventh is from The Rand Daily Mail of 13 June 1983; the eighth is from The Rand Daily Mail of 31 August 1983; the ninth was not proved, and the tenth is from The Star of 21 November Where The Star is referred to it appears to be The Star's Africa Edition excepting the last, in the case of the last article. (20) MR BI2OS: Now from these cuttings, well let me ask you this, were these the only articles that you read about Mr Mandela or were there other? There were many articles that I read of throughout the years that focussed on the release of Mr Mandela and other political prisoners. Did these articles deal with his, the others that you read these speak for themselves, did they deal with the question of the standing of Mr Mandela in the eyes of a substantial portion of the community? Yes they did. Particularly, unfortunately you do not have the cutting here but they had (30) been/...